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1941 Supreme(Mad) 271

WADSWORTH
Al. Sp. S. Rm. Subramanian Chettiar – Appellant
Versus
Chinnamuthu Batcha Rowther – Respondent


JUDGMENT

Wadsworth, J.

1. This Civil Revision Petition arises out of a Small Cause Suit on a promissory note executed by the first defendant, an agriculturist and guaranteed by the second defendant, a non-agriculturist. The letter of guarantee is in the following terms:

Please get a pronote from S. Chinnamuthu Batcha Rowther the bearer of this letter and give Rs. 300. In the event of his not discharging it by paying principal and interest, I also shall be liable and pay the amount.

2. The debt of the first defendant was only partially discharged and the suit was filed. Against the first defendant, the plaintiff gave effect to the defences open to him as an agriculturist and claimed only Rs. 95-9-0. Against the second defendant the plaintiff claimed Rs. 157-14-4, the full amount due under the contract. In the lower Court the second defendant successfully claimed that he was entitled to the benefit of the reduction of the principal debtors liability by reason of the terms of Section 128 of the Contract Act. It is contended in the revision petition that this decision is wrong. Section 128 of the Contract Act provides that the liability of the surety is co-extensive with that of the princi






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